506:. It also creates the requirements for office, and the roles of the Senate and General Assembly. This includes the judging of elections, the selection of officers, a journal of proceedings, and the inability to adjourn for a period of greater than three days without the consent of the other house. This article also allows the Legislature to appoint commissions, committees, and other bodies to help perform the functions of the Legislature. Regulations regarding members of the Legislature, including singularity of employment. This is the law that no senator or member of the General Assembly can hold any other Federal or State position, and also cannot be a judge. Further topics are discussed, including bills, agencies, subdivisions, and emergencies. A negative
419:
680:
Senate) with the Chief
Justice presiding. Unlike the Federal process, the oath necessary to participate in the impeachment sessions is specified and requires the senators to "truly and impartially" address the charge as a reminder that they are exercising more judicial functions. ⅔ of the votes, or 27 votes, are needed to convict, but the President of the Senate is excluded from the trial, so the required percentage is slightly higher than ⅔ of 40. The maximum penalty is removal from office with disqualification to hold further state office. However, the impeachment does not count towards the restriction on
731:
development or redevelopment of blighted areas" is made a public and state duty. The redevelopment of any of these properties is permitted to be completed by municipal, public, or private corporations. The continuing of appropriation of moneys to the corporation that completes the redevelopment after its completion is banned. A free public school system is created, as well as a busing system. The appropriation of moneys into the public school system fund is legalized. The lands that are tidal or were within forty years ago are protected from
447:
to the census will have the upper hand in redistricting the state. Along with the other 12 appointed members, there is one "independent" member, who is to not have held office within the past five years. He is chosen by the other twelve members, yet is automatically the chairman of the
Commission. On the occasion that the twelve members may not reach a decision, the Commission picks two (which assumes there are two dominant parties which have their favorites) and sends them to the
697:
exemption is legalized, including the continued tax exemptions carried over from the previous constitution. Alteration or repeal of tax exemption is allowed, provided that the real or personal property is not used for "religious, educational, charitable or cemetery purposes, as defined by law, and owned by any corporation or association organized and conducted exclusively for one or more of such purposes and not operating for profit." Tax exemptions regarding the
898:
40:
181:
709:, or any state employees are described. Surviving spouses of deceased citizens, besides exceptions, are entitled to tax deductions. This article also restricts any citizen from receiving more than one tax deduction. The Legislature's right to instantiating a homestead statue is discussed. General laws enacted by legislature which permit municipalities to grant tax exemptions on buildings in
543:
623:
office of
Justices and Judges, including their retirement ages and pensions, is stated. Impeachment of Justices and Judges is also legalized, and their inabiling of powers until acquitted. During their term, the judges are restricted to one public office and may not practice law outside the state government. The powers of the
854:
will appoint an 11th and then the vote is by absolute majority. It was passed on election day, 1966, but was first applied on
January 17, 2006. This was superseded in 1995 by Article II, Section II. It took effect on December 7, 1978. Section VII, the final section of this constitution, was passed in
826:
The remaining sections are the amendments. For reasons unknown, this constitution has never been directly updated since its adoption. The amendments are enumerated in this
Article. Essentially, this section of the article records the development of the constitution through amendments. Such amendments
603:
The
Supreme Court is New Jersey's appellate court of last resort. "By constitutional mandate, the Court consists of a Chief Justice and six associate justices, with five members constituting a quorum." Article VI, Section II, Paragraph 3 provides that, "The Supreme Court makes its own rules governing
810:
Article XI, the schedule, is the list of amendments to the
Constitution in order of their addition. Sections I through IV, were adopted with the rest of the constitution. They lay out the process of supersession. The others were adopted as individual amendments. The Article orders the Legislature to
730:
are directed to the
General Fund. The appropriation of moneys to the remediation of hazardous discharges and buildings that hold hazardous substances or public water supplies are discussed. A General Fund is created, as well as the distribution of moneys into and from it. The "clearance, replanning,
446:
is established, and the distribution of selection of its 13 members is discussed, who are to represent the "geographic, ethnic and racial diversity" of the state. The method of appointment of New Jersey
Redistricting Commission members ensures the minority party which lost the general election prior
350:
We, the people of the State of New Jersey, grateful to
Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations, do ordain and establish this
953:
Article XI, Section V, paragraphs 1, 2, 3, 4 added effective December 8, 1966. This section is a complete add-on. Article XI, Section VI, added effective December 7, 1978. The constitution states that they are adding a whole section more clearly here. Article XI, Section VII added effective January
879:
assumed command, and since he legally held both positions, he temporarily had more power than any other governor in the country, being the head of both executive and legislative branches. An amendment was later passed to prevent the possibility of executive and legislative conflation in the future.
622:
The Governor's power to appoint and nominate the judges of the Supreme and Superior Courts, with the consent of the Senate, is established. He may also nominate and appoint, with the consent of the Senate, judges of the inferior courts whose jurisdiction is only within one municipality. The term of
408:
11. No person shall, after acquittal, be tried for the same offense. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses when the proof is evident or presumption great... 16. No soldier shall, in time of peace, be quartered in any house, without the
300:
in imminent danger of invasion. With Patriot and Tory factions plotting and battling each other, New Jersey was a state at war and was nearly a state at civil war. Composed in a span of five days and ratified only two days later, during this state of emergency, on July 2, 1776, the New Jersey State
743:
Article IX involves amendments to the New Jersey state constitution. A potential amendment is submitted through the Senate or General Assembly. The amendment is voted upon by both of the houses. If it gathers at least three-fifths of both the Senate and the General Assembly, the amendment is to be
696:
In Article VIII, taxation is created. It states the Legislature's duty to create laws "to provide the value of land" and the uniformity of these rules. Taxing of lands of agriculture is discussed, as well as taxation regulations regarding the re-use of agricultural land for different purposes. Tax
717:
The credit of the state is barred from being publicly or privately loaned. Any fiscal year plan which creates more than one percent debt and/or liabilities is banned. The voting on such plans in public elections is banned, as well as the creation of debt or liabilities "for purposes of war, or to
327:
into judicial, legislative, and executive branches and granted the people (as opposed to the legislature) the ability to elect a governor. It also formally limited state debt, a predecessor of many contemporary "debt ceiling" clauses. The constitution was amended in 1875, mainly to conform to the
679:
A state officer may be impeached while in office or for two years after leaving office. The impeachment process is similar to that of the Federal level: an absolute majority in the lower house (the General Assembly) against the employee causes a trial to take place in the upper house (the State
572:. Regulation regarding nominations and appointments of generals and flag offices is described. The executive and administrative offices, departments, and instrumentalities of the State government are placed under the supervision of the Governor. The Governor has the ability to appoint the
615:"The trial divisions of the Superior Court are the principal trial courts of New Jersey. They are located within the State's various judicial geographic units, called 'vicinages,' R. 1:33-2(a), and are organized into two basic divisions: the Chancery Division and the Law Division" of the
301:
Constitution reflects the turbulence and uncertainty of the moment. Its primary objective was to provide a basic governmental framework that would preempt New Jersey's fall into anarchy, yet the constitution served as the charter document for the state's government for the next 68 years.
744:
submitted to be voted upon by the people of New Jersey. If a majority votes for the amendment, the amendment is voted on in the next legislative year. If the amendment is passed by a majority yet again, the amendment is to be submitted to be voted upon by the people of New Jersey.
635:
Article VII involves the public officers and employees, including appointment/nomination, compensation, promotions, affirmations, and powers. The role of officers in the state government is discussed. Before the officer enters the duties of office, the officer must subscribe an
568:. This is to bar him from pardon in his own impeachment, or disturbing cases of treason. His clemency powers extend to the ability to suspend and remit fines and forfeitures. The system of granting parole is provided by law. The "militia" is created, or what is now the
713:
urban areas are legalized, with exceptions relating to the deduction's permanence. Income taxes are banned unless the revenue is placed into a specific perpetual fund, or if the taxer is receiving payments from the Federal Railroad Retirement Act, or similar.
811:
pass all laws necessary for the activation of the new constitution. Existing instruments of government, contracts, officers, and judgments are continued unless they are expired, superseded, altered, or repealed. This is to prevent application as an
438:. It establishes the qualifications necessary for voting and states the right of suffrage may be removed from certain convicted criminals. The process of absentee balloting is instituted, as well as the structure of voting by people currently in
451:. A majority of the court (4 of 7) then picks the one that "by education and occupational experience, by prior public service in government or otherwise, and by demonstrated ability to represent the best interest of the people of this State."
823:. The new legislature members are elected, and the process of election, term, and rotation are created. The members may be appointed to offices of government, likely new ones created at the behest of Article XI, Section I, Paragraph 2.
718:
repel invasion, or to suppress insurrection or to meet an emergency caused by disaster or act of God." Taxation of motor vehicle fuel, and the funds the moneys are deposited in are discussed; the appropriation of moneys from the
611:
the intermediate appellate court, and "ppeals may be taken to the Appellate Division of the Superior Court from the law and chancery divisions of the Superior Court and in such other causes as may be provided by law."
684:; after being convicted by the senate, a person could then be tried by the judiciary and punished further. If this crime was listed according to Article II, Section I, Item 7, the offender can be
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360:
Article I, as is usual for constitutions, establishes the rights and freedoms inherent people and relevant operation of the government. The rights discussed in this Article largely mirror the
584:, though he also can appoint the Lieutenant Governor to serve as Secretary of State without consent of the Senate. He can also start inquiries into the conduct of officers and employees.
846:
that the apportionment of all state legislatures be by population is stated. It mainly consists of an interim list of districts and the number of Senators they can elect until the next
220:
and united New Jersey while they were still colonies, the state has been governed by three constitutions. The first was adopted on July 2, 1776, shortly before New Jersey ratified the
329:
231:, but also contains several unique provisions, such as regulations governing the operation of casinos. At 26,159 words, the document is slightly shorter than the average American
475:) are created and defined. No individual can be affiliated with more than one unless the Constitution explicitly allows it. Before the constitution was amended, a vacancy in the
333:
850:
comes around and is received by the Governor. It also contains provisions for apportioning ten districts of the lower house. If it is deadlocked, the Chief Justice of the
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911:
600:. Under the State Constitution, "'judicial power shall be vested in a Supreme Court, a Superior Court, County Courts and inferior courts of limited jurisdiction.'"
672:. County prosecutors are nominated and appointed by the Governor. The term of office for county clerks and surrogates is five years, and for sheriffs three years.
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313:
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of legislative powers is included within the article. Among this list of powers denied are granting divorces, gambling (with obvious exceptions), and passing
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274:
270:
244:
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418:
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Tax Act are defined. A council of local mandates is created, and regulation regarding the appointment of the members for this body. Some moneys from the
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522:...to avoid improper influences which may result from intermixing in one and the same act such things as have no proper relation to each other...
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261:, and included a provision granting religious freedom. After Berkeley and Carteret sold New Jersey to the Quakers, the colony was split into
45:
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of the Supreme Court are enumerated. Terms specifying costs of the facilities and materials used by the Justice Department are listed.
404:. These passages still do guarantee important rights to New Jerseyans, but violations are not necessarily common. Such rights include:
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232:
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The constitution has also been denounced for its unorganized composition. Paragraphs traditionally in Article I, e.g. the banning of
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shall be kept by the Governor, or person administering the office of Governor, and used by him officially, and shall be called the
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573:
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The New Jersey State Constitution has been criticized, mainly for its disorganized succession plan, as seen following Governor
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Article V enacts the executive branch. It also sets out the terms of office for the governor and lieutenant governor, the
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Amendments. Additionally, the state's amendments required that the legislature provide for a free public school system.
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It also explains how the amendments are submitted to the people, i.e., all amendments are to be voted upon separately.
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is created within the Legislature to modify the proration of legislative districts on a rolling basis, following every
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is included that is required by members and officers of the Legislature before the person enters upon his/her duties.
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and the second came into effect in 1844. The current document was adopted in 1947 and has been amended several times.
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the administration of all State courts 'and, subject to law, the practice and procedure of all such courts.'"
498:, composed of 40 in the Senate and 80 in the General Assembly, and their apportionment amongst the state. The
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of future governors, and the process of gubernatorial elections. The Governor is given total authority over
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660:. The rest of the section details the duties of the State Auditor and the nomination/appointment of county
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Article I, Section I; first entry, Paragraph 6; second entry, Paragraph 9; third entry, Paragraphs 3 and 4
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132:
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17, 2006. Again, this one is clearly written so the reader knows the amendment was for a whole section.
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21. This enumeration of rights shall not be construed to impair or deny others retained by the people.
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127:
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The law banning the passage of ex post facto laws is listed in Article IV, Section VII, Paragraph 2.
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557:
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110:
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Three fundamental documents had governed the territory now known as New Jersey. The first was the
1012:
763:
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254:
1079:"The Fundamental Constitutions for the Province of East New Jersey in America, Anno Domini 1683"
648:. The term of office for an officer commences on the day of the date of their commissions. The
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branch, and permits the establishment, alteration, and abolishment of any court other than the
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917:
903:
653:
641:
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who live in apartments and may/may not be disabled are discussed. Pensions, disability, and
685:
293:
1020:
922:
832:
816:
681:
392:
This Article is similar to the U.S. Constitution's enumeration of rights. Similar to the
422:
A map of New Jersey congressional districts by party control (as of the 118th Congress).
799:
546:
90:
17:
1557:
1060:"Province of West New-Jersey, in America, The 25th of the Ninth Month Called November"
518:
is never formally used in this document, the actual wording skirts around the phrase:
1914:
1522:
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835:, transferring the cases before them and offices under the other courts, such as the
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665:
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1103:
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1063:
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492:
373:
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201:
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396:, the document also still has "holdover" rights, or rights left over from fear of
39:
312:. It did not specify an amendment procedure and had to be replaced entirely in a
1329:
Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 1:3-1
1320:
Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 7:1-1
1311:
Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 1:2-2
1297:
Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 4:1-1
872:
791:
Paragraph 4 provides for a rule of construction that words such as "person" and
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507:
472:
266:
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217:
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of the Constitution is January 1, 1948, "except as herein otherwise provided."
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consent of the owner; nor in time of war, except in a manner prescribed by law.
925:, he served as Acting Governor of New Jersey for 90 minutes on January 8, 2002
893:
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859:, January 19, 2010, following the transfer of power to the next executive.
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Paragraph 2 provides for the salutation and protocol of giving grants and
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561:
439:
427:
380:. The article is a de facto enumeration of the rights of the common man;
309:
1023:. The number was determined with the Microsoft Word "Word Count" option.
1145:"The New Jersey State Constitution and Taxing, Spending, and Borrowing"
723:
702:
669:
284:
New Jersey's first state constitution was adopted on July 2, 1776. The
710:
1552:
323:, adopted on June 29, 1844, restricted suffrage to white males. It
541:
417:
856:
777:
637:
527:
227:
The state constitution reinforces the basic rights found in the
1561:
640:. Appointments for officers are based upon merit, fitness, and
1150:. Center for State Constitutional Studies (Rutgers University)
1013:
http://www.njleg.state.nj.us/lawsconstitution/constitution.asp
855:
a referendum on November 8, 2005, and takes full effect at
766:." The seal's design and the state flag are not mentioned.
676:
and the process by which impeachment occurs are discussed:
459:
The sole content of Article III is the statement regarding
652:, who has a term of five years, is to be appointed by the
755:
Article X contains involves miscellaneous final addenda.
212:. In addition to three British Royal Charters issued for
253:, which was written in 1665 by the colony's proprietors
1548:
Proceedings of the 1947 NJ Constitutional Convention
1543:
Current Constitution on the State Legislature's site
1870:
1856:
1595:
376:, and religious freedom. Article I also contains a
173:
165:
155:
150:
138:
126:
109:
89:
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71:
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32:
707:retirement programs for federal railroad workers
1499:"New Jersey succession plan concentrates power"
914:, failed attempt to amend the 1844 constitution
520:
426:Article II lays out dates for elections of the
406:
386:
1573:
912:New Jersey's 1927 biannual elections proposal
609:New Jersey Superior Court, Appellate Division
308:and blacks who met property requirements the
304:Among other provisions, it granted unmarried
8:
245:History of the New Jersey State Constitution
1037:. Princeton University Press. p. 247.
788:, the government and dignity of the same."
1580:
1566:
1558:
455:"Distribution of the Powers of Government"
1469:Article IX, Section I, Paragraphs 4 and 5
1460:Article IX, Section I, Paragraphs 1 and 2
1392:Article VIII, Section I, Paragraph 1, (b)
277:(1683). The two were reunited in 1702 by
222:United States Declaration of Independence
1936:State constitutions of the United States
1402:
1400:
1398:
1225:Article II, Section I, Paragraphs 1 to 3
479:would be filled by the president of the
1307:
1305:
1303:
1124:"State Government - State Constitution"
978:
945:
886:laws, are in Article IV "Legislative".
780:shall be in the name of the State. All
198:Constitution of the State of New Jersey
33:Constitution of the State of New Jersey
1442:Article VIII, Section III, Paragraph 1
1365:Article VII, Section III, Paragraph 1.
1033:Levenson, Sanford (13 February 1995).
829:New Jersey Court of Errors and Appeals
549:, the former governor of the state of
483:, who would retain their Senate seat.
29:
1383:Article VII, Section III, Paragraph 3
1374:Article VII, Section III, Paragraph 2
1104:"The New Jersey Constitution of 1776"
764:Great Seal of the State of New Jersey
269:. Each had its own constitution: the
46:Great Seal of the State of New Jersey
7:
1497:Murphy, Kathleen (August 23, 2004).
1433:Article VIII, Section I, Paragraph 1
1424:Article VIII, Section I, Paragraph 7
1415:Article VIII, Section I, Paragraph 5
1406:Article VIII, Section I, Paragraph 2
1279:Article IV, Section IV, Paragraph 3.
1143:Williams, Robert F.; Tarr, G. Alan.
1589:State constitutions (United States)
1347:Article VII, Section I, Paragraph 1
607:The State Constitution renders the
444:New Jersey Redistricting Commission
1487:Article X, Section IV, Paragraph 3
1338:Article VI, Section V, Paragraph 4
1270:Article V, Section I, Paragraph 1.
1216:Article I, Section I, Paragraph 22
929:State constitution (United States)
844:Supreme Court of the United States
382:Article I, Section I, Paragraph 21
25:
1524:Understanding State Constitutions
1478:Article X, Section I, Paragraph 2
1081:. Yale Law School. Archived from
1062:. Yale Law School. Archived from
362:Constitution of the United States
325:separated the government's powers
896:
179:
38:
27:State constitution of New Jersey
827:include the abolishment of the
631:"Public Officers and Employees"
798:Paragraph 5 provides that the
292:had recently been defeated in
1:
1288:Article VI, Sections I and II
784:shall conclude: "against the
776:Paragraph 3 states that "All
758:Paragraph 1 states that "the
1169:"New Jersey Government quiz"
658:New Jersey General Assembly
598:Supreme Court of New Jersey
491:Article IV establishes the
340:Current constitution (1947)
1952:
1921:Constitution of New Jersey
1529:Princeton University Press
1035:Responding to Imperfection
821:United States Constitution
728:Corporate Business Tax Act
514:acts. Although the phrase
286:American Revolutionary War
242:
229:United States Constitution
185:Constitution of New Jersey
1553:New Jersey State Treasury
1451:{Article VIII, Section IV
819:, both prohibited by the
646:New Jersey State Treasury
617:New Jersey Superior Court
314:constitutional convention
178:
37:
1890:Northern Mariana Islands
1356:Article VII, Section III
1010:Number obtained through
852:New Jersey Supreme Court
837:New Jersey Supreme Court
815:law or violation of the
580:with the consent of the
500:Apportionment Commission
449:New Jersey Supreme Court
414:"Elections and Suffrage"
275:East Jersey Constitution
271:West Jersey Constitution
251:Concession and Agreement
202:basic governing document
1261:Article IV, Section VII
934:Governors of New Jersey
842:The requirement of the
644:. Fees are paid to the
592:Article VI creates the
378:Victims' Bill of Rights
356:"Rights and Privileges"
321:succeeding constitution
145:Judiciary of New Jersey
18:New Jersey Constitution
1926:Politics of New Jersey
1521:Tarr, G. Alan (1998).
1252:Article IV, Section II
1234:Article II, Section II
692:"Taxation and Finance"
553:
524:
496:New Jersey Legislature
477:Governor of New Jersey
463:. The three branches (
436:New Jersey Legislature
423:
411:
390:
364:. Such rights include
353:
235:(about 28,300 words).
133:Governor of New Jersey
120:New Jersey Legislature
97:; 76 years ago
545:
434:, and members of the
421:
384:deliberately states:
348:
848:United States Census
795:include both sexes.
751:"General Provisions"
699:honorably discharged
504:United States Census
461:separation of powers
95:January 1, 1948
1900:U.S. Virgin Islands
875:. Senate President
786:peace of this State
701:and exemptions for
564:except in cases of
432:Lieutenant Governor
394:U.S. Bill of Rights
259:Sir George Carteret
91:Date effective
1019:2009-06-30 at the
574:Secretary of State
554:
424:
255:Lord John Berkeley
233:state constitution
75:September 10, 1947
1908:
1907:
1044:978-0-691-02570-4
918:Law of New Jersey
904:New Jersey portal
760:seal of the State
664:, county clerks,
654:New Jersey Senate
582:New Jersey Senate
481:New Jersey Senate
402:Revolutionary War
366:freedom of speech
290:George Washington
288:was underway and
239:Previous versions
194:
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16:(Redirected from
1943:
1864:Washington, D.C.
1858:Federal district
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991:North Jersey
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793:all pronouns
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739:"Amendments"
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642:examinations
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526:Finally, an
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516:omnibus acts
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58:Jurisdiction
1872:Territories
1718:Mississippi
1633:Connecticut
1243:Article III
873:resignation
782:indictments
771:commissions
674:Impeachment
662:prosecutors
566:impeachment
538:"Executive"
532:affirmation
508:enumeration
473:legislative
400:during the
267:East Jersey
218:West Jersey
214:East Jersey
166:Signatories
1915:Categories
1833:Washington
1753:New Mexico
1748:New Jersey
1623:California
1504:2006-11-14
1185:2006-11-14
1154:2023-02-21
1129:2006-11-14
1109:2022-08-05
1089:2006-12-17
1070:2006-12-17
974:References
863:Criticisms
806:"Schedule"
666:surrogates
588:"Judicial"
558:succession
551:New Jersey
330:Fourteenth
298:New Jersey
296:, putting
279:Queen Anne
210:New Jersey
189:Wikisource
157:Amendments
102:1948-01-01
62:New Jersey
1843:Wisconsin
1808:Tennessee
1713:Minnesota
1688:Louisiana
493:bicameral
465:executive
334:Fifteenth
174:Full text
140:Judiciary
128:Executive
117:bicameral
72:Presented
1828:Virginia
1778:Oklahoma
1758:New York
1733:Nebraska
1723:Missouri
1708:Michigan
1698:Maryland
1683:Kentucky
1663:Illinois
1638:Delaware
1628:Colorado
1618:Arkansas
1198:Preamble
1017:Archived
996:14 April
890:See also
871:'s 2004
833:Chancery
735:claims.
733:riparian
711:blighted
670:sheriffs
594:Judicial
576:and the
562:clemency
469:judicial
440:military
428:Governor
345:Preamble
294:New York
111:Chambers
81:Ratified
53:Overview
1848:Wyoming
1823:Vermont
1728:Montana
1668:Indiana
1648:Georgia
1643:Florida
1613:Arizona
1603:Alabama
650:Auditor
512:omnibus
398:Britain
204:of the
200:is the
151:History
100: (
1783:Oregon
1738:Nevada
1678:Kansas
1653:Hawaii
1608:Alaska
1596:States
1041:
668:, and
471:, and
430:, the
370:speedy
1813:Texas
1693:Maine
1658:Idaho
1179:(PDF)
1172:(PDF)
1148:(PDF)
940:Notes
778:writs
720:Sales
306:women
206:State
115:Two (
1885:Guam
1818:Utah
1773:Ohio
1673:Iowa
1039:ISBN
998:2018
857:noon
831:and
722:and
656:and
638:oath
528:oath
372:and
368:, a
332:and
319:The
265:and
263:West
257:and
196:The
44:The
724:Use
208:of
187:at
1917::
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1397:^
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